Back / lumbar spine decisions — 2021

The Veteran's PTSD symptoms prior to March 6, 2020 resulted in reduced reliability and productivity. As of March 6, 2020, the Veteran's PTSD symptoms caused deficiencies in most areas but not total social impairment. The Board finds that a higher 50 percent rating is granted for PTSD prior to March 6, 2020, and a higher 70 percent rating is granted as of March 6, 2020.

The Veteran's service-connected lumbar fibromyositis with IVDS is granted a 60 percent rating effective November 13, 2015. The remaining claims of entitlement to service connection for bilateral hearing loss, tinnitus, benign paroxysmal positional vertigo, and cervical spine disability are remanded.

The Board has remanded the claim of service connection for a low back disability due to the Veteran's reports of in-service injury and symptoms, as well as post-service DJD. The VA will schedule an appropriate examination to determine the nature and etiology of the claimed condition.

The Board denied service connection for lumbar spine, left-hand, left arm, and left leg disabilities due to a lack of evidence linking these conditions to the Veteran's military service.

The Board has found that new evidence supports a readjudication of the claim, but it is remanding the case due to an inadequate VA examination report regarding whether the service-connected right knee disability aggravated the Veteran's thoracolumbar spine disability.

The Veteran's appeal for restoration of a 40 percent rating for degenerative joint disease of the lumbar spine is granted, effective December 1, 2019. The ratings assigned for right and left lower extremity radiculopathy are remanded.

The Veteran's lumbar spine disability is rated at 40 percent, but the Board finds that a higher rating is not warranted due to lack of unfavorable ankylosis or incapacitating episodes.

The Board dismissed the appeal of TDIU as the claim was granted in a previous rating decision, and there are no remaining questions of law or fact to be decided.

The Board has determined that the Veteran's low back disability is related to service and grants service connection for it.

The Board has granted service connection for lumbar strain and bilateral knee strain, finding that the Veteran's current disabilities are related to his combat service in Vietnam.

The Board has granted service connection for a lumbar spine disability, cervical spine disability, bilateral lower extremity radiculopathy, and an acquired psychiatric condition (unspecified depressive disorder) as secondary to the Veteran's service-connected lumbar and cervical disabilities. The decision is based on evidence showing continuity of symptomatology since service.

The Board has decided to remand the case due to insufficient evidence regarding the nature and etiology of the Veteran's upper back disorder, which is considered a direct service connection without any presumption or secondary link.

The Board has ordered additional development due to the lack of recent VA treatment records and updated findings from a previous examination.

The Board denied the Veteran's earlier effective date claims for TDIU and DEA, finding that his service-connected disabilities did not meet the schedular criteria for a TDIU or DEA at any time prior to February 1, 2013.

The Veteran's service-connected low back disability rated at 40 percent is not shown to be of such nature and severity as to render him unable to secure and maintain regular substantially gainful employment.

The Veteran's bilateral glaucoma is rated at 10 percent, but no higher. The claims for left ankle and low back disabilities are being remanded due to insufficient evidence.

The Veteran's appeals for increased ratings have been dismissed due to their death.

The Board denied the Veteran's claim for service connection of a back disability, finding no evidence linking his current condition to his military service.

The Veteran's claims for service connection have been granted, with the exception of sinus disorder and lumbar spine disorder. Bilateral hearing loss disability, tinnitus, and bilateral foot disorder are now considered service-connected. The claim for sinus disorder is remanded due to insufficient evidence, and the claim for lumbar spine disorder is also remanded.

The Board has denied service connection for a broken bottom tooth, right side of mouth due to lack of evidence of a current disability. The claims for digestive and respiratory disabilities are remanded as the Veteran's lay statements suggest possible presumptive service connection under the Persian Gulf War presumption. Right shoulder, back, neck, and herniated sphincter of diaphragm disabilities are also remanded.